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2000 Supreme(Cal) 29

TARUN CHATTERJEE
Pranati Biswas – Appellant
Versus
Mantu Kumar Lal – Respondent


Advocates:
Advocate Appeared:
Dr. Indrajit Mondal - for the Petitioner
Mr. Surajit Mitra – for the Opposite Party

JUDGMENT

This application under Article 227 of the Constitution is directed against the judgment and order dated 27th February, 1998 passed by Sri P. N. Sen, Additional District Judge, 1st Court at Bankura in Civil Revision Case No. 19 of 1998 allowing a revisional application of the opposite party filed under Section 115A of the Code of Civil Procedure, whereby the judgment and order of the trial Court was set aside and the application for pre-emption was rejected. The pre-emptor is the petitioner before me He had filed the aforesaid application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter called as "the Act") on the ground that he was a contiguous owner of the property in question and, therefore, entitled to pre-empt the sale effected in respect of the property in question. He also claimed preemption of the property in question as a longest boundary holder.

2. This application under Section 8 of the Act was contested by the pre-emptee/opposite party in which he contended that as the registration of the sale deed was not completed the petitioner had no locus standi to file the application for pre-emption under Section 8 of the Act. During the pendency of th












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